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Ben & Jerry’s wins order blocking porn copycat

Reuters | 07 September, 2012 10:43

Ben & Jerry’s Homemade has won a court order temporarily blocking a producer of pornographic DVDs from selling and advertising titles with names similar to those of the company and its ice-cream flavours.

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US District Judge Lewis Kaplan in Manhattan ordered Caballero Video to stop
selling 10 DVD titles in its “Ben & Cherry’s” series and to remove
references to the products from the Internet.

Kaplan issued his temporary restraining order one day after
Ben & Jerry’s sued Caballero, accusing the North Hollywood,
California-based company of trademark infringement.

Ben & Jerry’s sued over the sales of such titles as Boston
Cream Thighs, Chocolate Fudge Babes and Peanut Butter D-Cups, which it said
were rip-offs of its Boston Cream Pie, Chocolate Fudge Brownie and Peanut
Butter Cup flavours.

In addition, the complaint said the DVDs’ packaging mimics
Ben & Jerry’s packaging, including such images as puffy white clouds and
grazing cows, while also featuring images reflecting the DVDs’ content.

Kaplan directed Caballero to appear in court on Sept. 12 to
explain why he should not enter a preliminary injunction that would require the
company to recall infringing products.

It was not immediately clear whether Caballero has hired a
lawyer for its defence. A woman who answered the phone at its office said the
company had no immediate comment.

Ben & Jerry’s is based in South Burlington, Vermont,
and said it has sold about 45.6 million gallons of its namesake ice cream
in the last three years. It is a unit of London-based Unilever.

Defendants in the case include Rodax Distributors Inc, which
does business as Caballero, according to the complaint.

Late Thursday, Kaplan ordered that potentially offensive
images included in the original complaint be removed from the public record,
but be available on file under seal with the court.